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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114077
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My ex-husband died and willed s half our our house to our 3

Customer Question

My ex-husband died and willed his half our our house to our 3 daughters. In the divorce I was to pay the mortgages alone and I received the rental income of which if we sold the house when my youngest turned 18 he would get $300 for each month that the apartment was rented. His new wife of 20 something months is telling me he had $15,000 in credit card debt and is to come out of the share house he willed to the girls . She is calculating the rent I received the last three years plus rent in the future for four years and wants me to pay that money off. She walked away with $189,000 life insurance and $185,000 of his pension all to her. The girls each received 20% of his Life insurance that was supposed to cover my lost child support till 21 but it was put into a court trust for them until they turn 18 so I didn't actually see any money to replace the lost child support. The new wife wants my house appraised and to know the totals left on the mortgages I've been paying. She has a House with him but kept it only in her name.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
His credit card debt must come out of his estate. If he had any estate, then before your daughters could get anything, that debt needs to be paid off and if the only thing of value in the estate was his share of the house, then the creditors are entitled to put a lien on that share of the house I am afraid. Of course, since he has died and you have not sold the house, many creditors will agree to take much less on the payoff to settle the debt and you would need a local probate attorney to get involved on behalf of your children, since they are the legal heirs, and negotiate this debt so they can get the share of the house they are entitled to.